i smell BS
A few things don't add up about this.
1. The phone was shut down via MobileMe the same night it was lost in the bar. Something tells me Apple would have known about that, either by watching this guy's MobileMe account, or controlling it themselves. Even if they were allowing the guy some personal usage, no way would they let him do ANYTHING of that sort without them knowing. Keep in mind this IS the next iPhone we're dealing with here. Which leads me to my second point...
2. According to the story, the guy tried to call this in to Apple. Sure, I can see this getting lost in corporate bureaucracy, but this is Apple we're talking about. You had better be damned sure they would pay attention- I mean, I doubt they get this kind of thing (hey! i just found the next gen iPhone at a bar!) every day. Considering the amount of info the guy had about Mr. Gray Powell and the phone, you would think whoever he contacted at Apple would at least be SOMEWHAT curious. Especially if they knew they had lost a phone.
3. The guy's defense is that he tried to give it back to , and failed, so he ended up selling it to Giz. Questionable legality aside, HE HAD THE GUY'S NAME. Would it have been that hard to message him on Facebook or look in the phonebook?
4. Apple has not acted on this AT ALL. Not that they normally blabber off about any old rumor, but this is a special case (ie, the next in Apple's ridiculously successful/important smartphone line.) First of all, the guy is still working there (as of today, and you can be sure Apple would have found out about the lost phone before now). Considering Apple's well-documented ridiculous security, that seems more than a little strange. Apple hasn't sent out cease and desists (which they did for a
much lesser crime- I mean, serial numbers? Seriously?) Even if they are enjoying the free publicity, this is hundreds of millions of dollars worth of company stock and profit- a prime trade secret. Of course, Giz's suspiciously unrevealing teardown (no connect to itunes or actual internal images) didn't reveal much anyway.
Also, something tells me Gawker would have gone much higher than $5,000 for this. About two years of reading their blogs tells me that they LOVE hits, and this=major hits. And I know that Gawker blogs put hits above all else, but this seems especially low to reveal the guy's name to the world.
Edited to add detail to the part about Mr. Powell still working there.